This patent document contains material subject to copyright protection. The copyright owner, Ideaflood, Inc., has no objection to the reproduction of this patent document or any related materials, as they appear in the files of the Patent and Trademark Office of the United States or any other country, but otherwise reserves all rights whatsoever.
1. Field of the Invention
The present invention is directed to a method and system for facilitating the purchase of a copyright license for an unauthorized copy of a copyrighted work.
2. Description of Related Art
The Internet is a worldwide system of computer networksxe2x80x94a network of networks in which users at any one computer may get information from any other computer. The use of public and shared computing environments has proliferated due to the popularity of the Internet. And, numerous applications exist whereby music, movies, software, and other types of copyright protected works in the form of digital files may be distributed over the Internet.
In some cases, the protected works may be distributed using a centralized file sharing system, such as Napster. Napster is an application that allows users to easily search for and download their favorite music in the form of MP3 music files. Specifically, to search and download an MP3 music file, the user simply types in the name of an artist or song at the Napster.com website. The website then delivers a list of matching MP3 music files that are located on other users"" computers. The user is then able to download a selected MP3 file by highlighting the particular file and clicking the xe2x80x9cdownloadxe2x80x9d button. After completion of the download, the user is able to play the music on a computer or portable MP3 player. In view of the ability to download MP3 music files for free, many users opt to not purchase a copy of the music in CD or cassette tape format from an authorized retailer.
In other cases, copyrighted works may be distributed using a decentralized file sharing system, such as Gnutella. Gnutella makes it possible to search and download almost any type of copyrighted work that is in the form of digital files from any other Gnutella user. Gnutella does this without the need to use a central website like Napster. Note that Gnutella users can search for and exchange any type of digital file, not just MP3 music files as with Napster. Whichever system is used, the Internet allows consumers to share and download copyrighted works for free, and almost without technological limits.
The distribution system described above provides many advantages and disadvantages for consumers and copyright owners. The advantages include distribution of copyrighted works to a vast audience at no cost or relatively little cost to the copyright owner. The copyrighted works may also be distributed quicker than through traditional channels. Further, the works may be made available in different formats, and the system may allow consumers to sample the work before committing to purchase the work.
However, the above distribution system is economically harmful to copyright owners since the copyrighted works are being distributed for free so that copyright owners suffer loss of revenues. Consumers are also hurt because the downloading of copyrighted works is illegal and immoral so that consumers suffer from a guilty conscience and the possibility of criminal and civil sanctions.
In order to eliminate the disadvantages of the above-described distribution system, some have proposed to increase enforcement of the copyright laws. Today""s enforcement activities are mostly directed to shutting down website operators that contribute to copyright infringement by consumers. If a centralized file sharing system such as Napster is shut down, then consumers are prevented from making illegal downloads. With the advent of decentralized distribution systems such as Gnutella, however, there are no website operators to shut down so that consumers are not prevented from making illegal downloads. To effectively deter illegal downloading, consumers themselves must be prosecuted; but to track, investigate, and prosecute each individual case of illegal downloading on a network such as the Internet is not feasible.
Thus, it would be desirable to provide a method and system that realizes the advantages of a costless distribution system, and which also promotes compliance with the copyright laws.
In accordance with the teachings of the present invention, a method and system are provided for facilitating the purchase of a license for a downloaded file of a copyrighted work. In one embodiment, a method for licensing a digital copy of a copyrighted work includes determining an identity of the digital copy by using at least one computer program, and calculating a fee for a license for the digital copy by the at least one computer program. The step of calculating includes the step of measuring at least one metric of the digital copy. A license is then provided for the copy after receiving payment of the fee.
In another embodiment of the present invention, a computer program is used for licensing a digital copy of a copyrighted work, with the at least one computer program being executable by a processor. The program includes the steps of determining an identity of the digital copy, and calculating a price of a license for the digital copy. The calculating step includes the step of measuring at least one metric of the digital copy. A license is then provided for the copy after receiving payment of the fee.
In another embodiment of the invention, a web host for licensing a digital copy of a copyrighted work includes a web server, and a storage medium accessible by the web server. The storage medium includes a database, and the database includes at least one of known checksums or other unique characteristics of copyrighted works and reference codes for identifying copyrighted works. Also included is a computer program that performs various licensing functions including identifying the digital copy and calculating a fee for a license for the digital copy based on various metrics of the digital copy.
In another embodiment of the invention, a method for licensing a digital copy of a copyrighted work includes the steps of allowing inputting of information relevant to pricing of a license for the digital copy, and calculating a fee for a license for the digital copy based on the relevant information. A license is then provided for the digital copy after receiving payment of the fee.
According to the present invention, when a consumer has downloaded a copy of a copyrighted work from the Internet, the consumer can conveniently purchase a license for the downloaded copy. The invention takes advantage of the costless distribution system already in place over the Internet to provide a valid license at reduced fees as compared to purchasing a copy of the copyrighted work through traditional distribution channels. The consumer benefits from the costless distribution system since no middleman fees are passed on to the consumer. The consumer also enjoys the ability to freely choose a distribution system, even systems so novel or secret that they are, at the time of use, unknown to the copyright holder. Further, the consumer is provided a mechanism for complying with the copyright laws so that anxiety and guilt over breaking the law and acting immorally can be assuaged.
Another element of the present invention requires that the consumer report the method by which the work was acquired so as to allow the copyright holders to track down infringers. Consumers may then be rewarded with a free upgrade or paid upgrade.
A more complete understanding of the present invention will be afforded to those skilled in the art, as well as a realization of additional advantages and objects thereof, by a consideration of the following detailed description of the preferred embodiment. Reference will be made to the appended sheets of drawings, which will first be described briefly.